Stein v. Alpine Sports, Inc.

OPINION

MCKINNON, J.

I. Factual and Procedural Background

{1} Plaintiff-Appellant Barbara Stein sued Defendant-Appellee Alpine Sports for personal injuries sustained in a skiing accident, alleging that Alpine negligently mis-set the binding releases on their rental skis. Stein filed her complaint in Bernalillo County District Court, making no allegation of venue. Cf. Rule 1-008(A)(1) NMRA 1998. Alpine answered without raising improper venue as an affirmative defense, and counterclaimed for the value of the ski equipment Stein retained. Alpine asserts that it relied on the good faith and candor…